| Claire Hoctor v Polchinski Mems., Inc. |
| Motion No: 2016-02220 WC |
| Slip Opinion No: 2018 NY Slip Op 62672(U) |
| Decided on January 26, 2018 |
| Appellate Term, Second Department, Motion Decision |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| This motion is uncorrected and is not subject to publication in the Official Reports. |
of the State of New York for the 9th & 10th judicial Districts
ANTHONY MARANO, P.J.
BRUCE E. TOLBERT
JERRY GARGUILO, JJ.
DECISION & ORDER ON MOTION
| Claire Hoctor, Appellant, v Polchinski Memorials, Inc., Respondent. |
Appellant having appealed to this court from a judgment of the City Court of Peekskill, Westchester County, entered March 30, 2016, and this court has been advised that, during the pendency of the appeal, appellant died,
Now, on the court's own motion, it is
ORDERED that the appeal is held in abeyance pending the substitution of a personal representative for the deceased appellant Claire Hoctor; and it is further,
ORDERED that in the event that substitution is not made within four months from the date of this decision and order on motion, the court, on its own motion, may dismiss the appeal pursuant to CPLR 1021 for failure to effect timely substitution.
ENTER:
Paul Kenny
Chief Clerk